Central Information Commission
Mrjaikishan Maghani vs Department Of Posts on 29 October, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/002672/6264
29 October 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. Jaikishan Maghani
S/o Shri Hargun Das Maghani
271/3, UIT Colony,
JP Nagar, Madar, Ajmer,
Rajasthan
Respondent : CPIO & Sr. Superintendent of Post Offices
Department of Posts
Ajmer Division
Ajmer, Rajasthan
RTI application filed on : 25/04/2013
PIO replied on : 02/05/2013
First appeal filed on : 06/05/2013
First Appellate Authority order : 20/05/2013
Second Appeal dated : 08/10/2013
Information sought:-
The appellant has sought an enquiry regarding a UPC sent on 02/07/2007 by Shri Prem Singh Saini to him.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Jaikishan Maghani through VC Respondent: Mr. Rajendra Kumar Paladia CPIO's representative through VC The appellant stated that Shri Prem Singh Saini has produced UPC record in the court claiming that he had sent a letter by UPC post to him on 02/07/2007 and he wants an enquiry to be conducted in the matter to establish whether the UPC is genuine or not. The CPIO's representative stated that the matter relates to 2007 and articles posted under UPC are treated as ordinary mail and not tracked. He contended that under the RTI Act only such information can be sought which is available and existing but conducting enquiry is outside its purview.
Decision notice:
It is important to note that only such information can be supplied under the RTI Act that is available and existing and is held by the public authority. The PIO is not supposed to create information that is not a part of the record of the public authority. The PIO is also not required to solve the problems raised by the applicant or to furnish replies to hypothetical questions.Page 1 of 2
The CPIO's representative has submitted that UPCs are treated as ordinary mail and no records are available.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2